Case Note & Summary
The dispute concerned agricultural land bearing Survey No. 178/1 measuring 1 acre 34 gunthas at village Shirte, District Kolhapur, Maharashtra. The original owner Vijay Mala Jaisingrao Bhosale gifted the land to the respondent Babasaheb Anandrao Desai by deed dated September 4, 1953, when the respondent was a minor born on January 17, 1947. The land was under tenancy of Anna Bhau Magdum, the predecessor in title of the appellants. Following amendment by Bombay Act 13 of 1956, Section 32 of the Bombay Tenancy and Agricultural Lands Act, 1948 declared that on April 1, 1957 (tillers' day) every tenant satisfying conditions was deemed to have purchased the land, subject to Part II Chapter III including Section 32-F for landlords who were minor, widow or disabled. The respondent attained majority on January 17, 1965. Proceedings under Section 32-G initiated in 1960 were dropped in 1966 due to landlord's minority. Fresh proceedings in 1975 resulted in order dated August 27, 1975 declaring purchase ineffective under Section 32-G(3). That order was set aside on appeal by Special Land Acquisition Officer on February 21, 1977 and remanded. On March 19, 1980, Additional Tehsildar and Agricultural Lands Tribunal held that under Section 32-F(1A), tenant had to send intimation up to January 17, 1967, and the Maharashtra Act 49 of 1969 amendment gave further time up to October 17, 1971; tenant failed in both, purchase became ineffective and land liable to disposal under Section 32-P(1). Tenant's appeals were dismissed by Sub-Divisional Officer on September 10, 1980, revision dismissed by Maharashtra Revenue Tribunal on March 17, 1981, and High Court dismissed writ petition on April 8, 1994. The core legal issue was whether tenant was entitled to purchase despite failure to give intimation within statutory periods. The court analyzed Sections 32, 32-F, 32-G and 32-P. Section 32-F(1)(a) gave tenant right to purchase within one year from expiry of period during which landlord could terminate tenancy under Section 31(3), i.e., within two years of landlord attaining majority. Section 32-F(1A) required tenant desirous to give intimation to landlord and Tribunal. The 1969 amendment inserted landlord's obligation to send intimation to tenant and proviso to Section 32-F(1A) giving tenant already in possession two years from commencement of Amendment Act (i.e., up to October 17, 1971) to give intimation. The landlord's obligation was prospective and did not apply as respondent had attained majority before insertion. The proviso benefited tenant who had failed but was in possession; however, tenant did not send intimation even by extended deadline. Consequently, purchase became ineffective and tenant liable for summary eviction under Section 32-P. The Supreme Court dismissed the appeal, upholding the High Court.
Headnote
A) Tenancy Law - Statutory Purchase of Land by Tenant - Deemed Purchase on Tillers' Day - Bombay Tenancy and Agricultural Lands Act, 1948, Sections 32, 32A-32R - On April 1, 1957, every tenant satisfying clauses (a) and (b) of Section 32(1) was deemed to have purchased land held as tenant free from encumbrances, subject to Part II of Chapter III. Special cases where landlord was minor, widow or disabled were carved out and governed by Section 32-F. Held that the tenant's right had to be exercised in accordance with Section 32-F. (Paras not specified) B) Tenancy Law - Right to Purchase When Landlord is Minor - Requirement of Intimation - Bombay Tenancy and Agricultural Lands Act, 1948, Sections 32-F(1), 32-F(1A), 31(3) - Under Section 32-F(1)(a), where landlord was minor on tillers' day, tenant could purchase within one year from expiry of period during which landlord could terminate tenancy under Section 31(3), i.e., within two years from landlord attaining majority. Section 32-F(1A) required tenant desirous of exercising right to give intimation to landlord and Tribunal in prescribed manner within that period. Held that tenant was bound to give such intimation. (Paras not specified) C) Tenancy Law - Effect of Maharashtra Act 49 of 1969 Amendments - Prospective Application and Additional Period - Bombay Tenancy and Agricultural Lands Act, 1948, Section 32-F(1A) proviso; Maharashtra Act 49 of 1969 - The 1969 amendment inserted proviso to Section 32-F(1A) giving tenant in possession on commencement of Amendment Act two years (up to October 17, 1971) to give intimation if landlord had attained majority before commencement. Amendment also inserted obligation on landlord to send intimation of attaining majority to tenant. Held that landlord's obligation was prospective and did not apply where landlord attained majority before insertion; tenant had extended period but failed to use it. (Paras not specified) D) Tenancy Law - Consequences of Failure to Give Intimation - Purchase Ineffective and Summary Eviction - Bombay Tenancy and Agricultural Lands Act, 1948, Sections 32-G(3), 32-P(1) - Where tenant failed to give intimation under Section 32-F(1A), purchase became ineffective and tenant liable for summary eviction under Section 32-P. Tribunal's order declaring purchase ineffective and directing disposal of land was upheld. Held that tenant lost right to purchase and appeal dismissed. (Paras not specified)
Issue of Consideration
Whether the tenant was entitled to avail the right conferred under the Bombay Tenancy and Agricultural Lands Act, 1948 to purchase the land held by him, despite not giving intimation under Section 32-F(1A) within the prescribed periods.
Final Decision
The Supreme Court dismissed the appeal, holding that the tenant failed to exercise the right to purchase by sending the required intimation within the prescribed periods under Section 32-F(1A) of the Bombay Tenancy and Agricultural Lands Act, 1948, and the purchase became ineffective. The tenant was liable for summary eviction under Section 32-P.
Law Points
- Tenant's right to purchase land under Bombay Tenancy and Agricultural Lands Act
- 1948 is conditional on compliance with Section 32-F(1A) intimation requirement where landlord is minor
- failure to give intimation within prescribed periods results in purchase becoming ineffective
- Maharashtra Act 49 of 1969 proviso gave additional two-year period up to October 17
- 1971
- landlord's obligation to inform tenant about attaining majority inserted by 1969 amendment is prospective
- tenant liable for summary eviction under Section 32-P
